HomeMy WebLinkAboutR87-28 Zone change request for Paul Hayes and CantrellCommissioner moved adoption
of the following Resolution:
BOARD OF COUNTY COMMISSIONERS
COUNTY OF EAGLE, STATE OF COLORADO
RESOLUTION NO. 87- ^� y
IN RE THE APPLICATION OF
PAUL HAYES AND R.D. CANTRELL FOR A ZONE CHANGE
FROM RESOURCE TO P.U.D. - PENNY ACRES
FILE NOS. PD- 225 -85 -P AND ZC- 212 -85
WHEREAS, Paul Hayes and R.D. Cantrell (hereinafter
"Applicant ") submitted to the County of Eagle, State of
Colorado, an application for zone change from Resource to
Planned Unit Development for a parcel of land consisting of
approximately 152.5 acres and generally located south of the
Eagle County Airport at Cooley Mesa Road and Spring Creek
Road, Township 5 South, Range 85 West, County of Eagle, State
of Colorado, as more particularly described on Exhibit A,
attached hereto and made a part hereof by this reference; and
WHEREAS, after notice duly published in a newspaper
of general circulation throughout the County of Eagle, State
of Colorado, and upon consideration of recommendations made by
the Eagle County Planning Commission, the Board of County
Commissioners of the County of Eagle, State of Colorado
(hereinafter the "Board "), at its regular public hearing of
March 14, 1985, approved a sketch plan for the proposed
development subject, however, to a number of conditions being
met at the preliminary plan stage of Eagle County's applica-
tion review process; and
WHEREAS, Applicant revised its sketch plan to
eliminate a forty acre parcel closest to the Eagle County
Airport and to make the proposed lots larger and eliminate the
building envelopes, thus reducing the total acreage of the
proposed development to approximately 112.5 acres; and
WHEREAS, after notice duly published and mailed to
adjacent property owners, the Board held a public hearing on
March 11, 1986 tabled to March 10, 1987 at Applicant's request
to review Applicant's Preliminary Plan and considered its
request for the purpose of reviewing a zone change from
Resource to P.U.D.
Having reviewed the evidence before it,
THE BOARD FINDS AS FOLLOWS:
1. Insufficient technical information has been
provided by the Applicant to determine the feasibility of the
proposal.
2. Although the proposed covenants include fines
for dogs at large and statements allowing access for wildlife
control officers to the lots, there is no association set up
to enforce the imposition of fines.
3. Information concerning wildlife is limited and
insufficient, stating only that the area is not winter range
for elk, that the deer map is missing and that comments from
the Division of Wildlife would be acceptable.
4. There is a statement that potential flooding and
subsidence areas are limited, and both will be considered in
locating homesites. However, envelopes which would prevent
construction in hazard areas are not indicated on the plan,
and concerns raised by the Colorado Geological Survey at
sketch plan have not been addressed.
5. School land dedication, or cash in lieu of land
is not addressed.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF COUNTY
SSIONERS OF THE COUNTY OF EAGLE, STATE OF COLORADO:
THAT, the application for zone change submitted by
Paul Hayes and R.D. Cantrell, File Nos. PD- 225 -85 -P and
ZC- 212 -85 , be and is hereby denied.
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MOVED, READ AND ADOPTED by the Board of County Commis-
sioners of the County of Eagle, State of Colorado, at its
regular meeting held the day of 4 42 , 1987.
ATTEST:
COUNTY OF EAGLE, STATE OF
COLORADO, By and Through Its
BOARD OF COUNTY COMMISSIONERS
BY= �/CILLtf s�Y7 1 �. By:
Clerk of the Board of Richard L. Gustafson, Chairman
County Commissioners
Donald'H. Welch, Commissioner
eorgeA. Gates, Commissioner
Commissioner //(/, ,4,1, seconded adoption
of the foregoing resolution. The roll having been called, the
vote was as follows:
Commissioner Richard L. Gustafson
Commissioner Donald H. Welch
Commissioner George A. Gates (9'L R
This Resolution passed by ��� ��� pia vote of the Board of
County Commissioners of the County of Eagle, State of Colora-
do.
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